Introduction:

Subsidiary sources of Islamic Law include Taqleed, Istehsan, Istidlal, Istislah, Maslahah Mursalah
and Fatawa along with urf. The laws made by these sources are also known as ‘unreveled law’.
Moreover, these sources have played a very essential role in the Islamic jurisprudence and the
legal aspects of Islam.

Maslaha Mursalah and Istislah:

 “The acquisition of benefit or the repulsion of injury or harm (madarrah)
 Five types of Maslaha Mursalah:
1. Zarooriya
2. Hajiya
3. Tehseenia
4. Maslaha-tul-Moatabra
5. Maslaha-tu-Mulgha
 Requirements for validity:
1. Must be based on reality not just imagination
2. Must be general and for benefit of public at large
3. Must not go against texts or ijma
 Illustrations and Process
 Justifications of Maslaha and Mursalah:
1. Surah Al-Anbiya 21:107
2. Surah Yunus 10:75
3. Surah Al Hujj 22:78
 Practical Application of Maslaha Mursalah in Islamic Banking
 Istislah:
‘’Deduction of law must be based upon the public good and an injurious interpretation
must be ignored.’’
 View of different schools:
Hanafis and Shias do not consider it as a separate source. Shafai accepts it within
boundaries of qiyas.

Istishab:
 Literal meaning is companionship or courtship.
 View of different Schools:
Shafais, Hanbalis, Zahiris, Ismailis consider it good while Malikis and Hanafis do not.
 Kinds of Istishab
 Fatawa:
 ‘’Fatawas are the opinion of judges and muftis.’’
 Examples of Fatawa:
1. Fataw-e-Alamgiri
2. Digest of Mohammedan Law
3. Fataw-e-Abdul Hayya
 Rules for issuance of Fatawa:
1. Knowledge of book of God and Sunnah of Prophet
2. Knowledge of Usul-al-Fiqh
3. Knowledge of customs and prevailing circumstances
4. Ability to derive rulings from texts
 Need in current situation:
Newer problems of different nature
Interpretation needed for solution and betterment
 Range of Fatawas

Urf (Customs):
 ‘’Recurring practices which are acceptable to people’’. Also known as ‘Tamul’ or ‘Aadat’.
 Islamic Values and Customs:
Islam did the following with already existing customs:
1. Adoption of useful customs
2. Repealing
3. Amending or modification of different customs
 Types of Customs:
1. Urf-e-Khas
2. Urf-e-Aam
3. Urf-e-Qawli
4. Urf-e-Faili
5. Urf-al-Sahih
6. Urf-al-Fasid
 Conditions for a valid Custom:
1. Ancient
2. Continuous
3. Openly observed
4. Reasonable
5. Not opposed to Quran and Sunnah

Conclusion:
 Importance and need of subsidiary sources of Islamic law